A number of serious problems with using race/ethnicity as a variable in genetics research have emerged in our analysis of our interviews with this group of genetic scientists. At the most basic level, the common racial/ethnic classifications they routinely use are of questionable value for delineating genetically related groups. The ubiquitous OMB categories in fact were designed for political and administrative purposes; they were not designed for use as scientific variables (Kertzer & Arel, 2002; Shields et al., 2005). These are notably ambiguous and arbitrary categories, based on strikingly diverse criteria such as skin color, language, or geographic location. They do not compose clear classifications, but instead are overlapping and not mutually exclusive. In the absence of clear principles for applying the labels, in practice, different aspects of an individual's identity are arbitrarily prioritized, in order to fit individual cases into the schema.

A serious conceptual problem that reinforces the use of these questionable categories is that many of the researchers presume racial admixture is relatively rare and recent, and that specific geographically defined groups, such as Finnish or Japanese, can unproblematically be equated with broad socially designated racial/ethnic groups, such as white or Asian. However, this logic relies on several unsubstantiated assumptions: that historically there were pure racial types associated with particular geographic locations; that migrations were sporadic and relatively rare; and that racial/ethnic groups are primarily endogamous. (A recent study of the views of genetics journals editors reports similar findings: Outram & Ellison, 2006.) These assumptions are contrary to much of what is known about human population history. Genetic isolation among humans is in fact quite rare: human populations have always exchanged mates across broad geographic areas throughout time, producing clinal variation (gradual variation between places), rather than clearly distinct genetic stocks. Furthermore, racial admixture is not an exceptional event; indeed, there has been significant intermarriage between socially designated groups throughout history (Weiss, 1998; Harry & Marks, 1999; Race Ethnicity and Genetics Working Group, 2005). Compounding these conceptual problems is the practical fact that assigning these labels to individuals is often done in the absence of any specific knowledge of their actual familial migration histories.

Brandyn Churchill and Sophie Rogers are challenging a Virginia requrement to list race when applying for a marriage license. (Christophe Genty/Christophe Genty Photography)

When they applied for a marriage license in Rockbridge County, Va., Brandyn Churchill and Sophie Rogers were told they could not have one unless they each chose a race, from a list that included “Aryan” and “Octoroon.”

The Supreme Court struck down Virginia’s ban on interracial marriage over half a century ago. Yet the mechanism by which that prohibition was enforced remains on the books: a requirement that all would-be newlyweds identify by race. To fill out the form falsely is a felony.

So, weeks away from their planned Oct. 19 wedding at a barn in Fincastle, Va., the couple is challenging the law in Virginia federal court. Joined by two other engaged couples, they argue the law is a racist holdover that has no place in modern marriage.

The suit is part of both efforts to scrape away vestiges of segregation in Virginia and to move away from institutional categorization in both race and gender. The plaintiffs say people should be free in their personal lives to identify by race but shouldn’t be forced to, under the First, 13th and 14th amendments. But the lawsuit raises a more challenging question: Can the government address discrimination without labels created from it?…

…Kevin Maillard, a law professor at Syracuse University who has studied interracial marriage, said that while researchers might use the data, “I don’t know what the compelling reason that the state would have in retaining tracking of those categories would be.”

But he was skeptical of an effort to move away from race altogether.

“I think with the deep history of racial strife we have in the United States, these categories are going to remain incredibly important,” Maillard said. “My mother is racially mixed, but she considers herself a black person.”

Civil rights groups rely on government data to investigate inequality in schools and the criminal justice system and challenge voting restrictions.

“We need data on who people are to see if there are patterns,” said Myrna Pérez of the Brennan Center for Justice…